Divorce in Washington: The Legal Process, Your Rights, and What to Expect - Softcover

Crouse, David J.

Softcover

ISBN 10: 1938803825 ISBN 13: 9781938803826

Verlag: Addicus Books, 2014

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Washington, this guide provides answers to 360 queries such as What is the mediation process in Washington and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

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Über die Autorin bzw. den Autor

David J. Crouse, Esq., is a lawyer and the founding partner of David J. Crouse & Associates, PLLC. He has been published in the Gonzaga Law Review, Northwest Woman magazine, Spokane Woman magazine, and has been featured in articles in the Spokesman Review and other radio, television, and media forums. He lives in Spokane, Washington.

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Divorce in Washington

The Legal Process, Your Rights, and What to Expect

By David J. Crouse

Addicus Books, Inc.

Copyright © 2014 David J. Crouse
All rights reserved.

ISBN: 978-1-938803-82-6

Contents

Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with Your Attorney, 
4 Attorney Fees and Costs, 
5 The Discovery Process, 
6 Mediation and Negotiation, 
7 Emergency: When You Fear Your Spouse, 
8 Child Custody, 
9 Child Support, 
10 Spousal Maintenance, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeals Process, 
17 What Happens after the Divorce?, 
In Closing, 
Appendix, 
Resources, 
Glossary, 
Index, 
About the Author, 

CHAPTER 1

Understanding the Divorce Process

At a time when your life can feel like it is in chaos, sometimes even the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, but quality advice and guidance can provide much-needed clarity. While initially intimidating, there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes simply realizing you are completing stages and moving forward with your divorce can reassure you it will not go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "depositions" or "going to trial." It can reduce your frustration about the length of the process because you understand why each step is needed. It will allow you to begin preparing for what comes next. Most importantly, understanding the divorce process will make your journey easier. Who wouldn't prefer that?

1.1 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. Firms that practice exclusively in the area of family law are highly desirable. You can find firms that focus on family law throughout Washington.

Personal referrals can be very helpful. The best recommendations come from people who have personal knowledge of an attorney's experience and reputation. Referrals from court personnel, other attorneys, mediators, and others with a legal background are often of the highest quality. Financial advisors or accountants can also be a great referral source.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. This is especially true if you sense that your spouse might be getting ready to pursue a divorce. Ask what documents you should take to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

1.2 Must I have an attorney to get a divorce in Washington?

You are not required to have an attorney to obtain a divorce in Washington. However, if your case involves children, significant property or debts, professional practices or businesses, or spousal maintenance, you should avoid proceeding on your own. Where the issues are more complex, the failure to secure an attorney can have potentially disasterous and long-lasting consequences. Good counsel is an exceedingly good investment.

Even if your divorce does not involve any of these issues, still strongly consider contacting an attorney. Washington divorce law can be exceedingly complex. There are many issues, both positive and negative, that you might not even be aware of. If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. Meeting with an attorney can help you decide whether to proceed on your own.

If meeting with an attorney is not a viable option for you, seek guidance from other sources. Call your local courthouse to see whether there is a family law facilitator available to provide assistance. The county bar association is a great resource and often coordinates free advice clinics or free (pro bono) representation. Call them. The Washington law schools also provide representation for qualified individuals through law clinics. A person who proceeds in a legal matter without an attorney is referred to as being pro se, meaning on one's own.

Steps in the Divorce Process

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather needed documents for the initial consultation.

• Meet for the initial consultation with attorney.

• Pay retainer to attorney and sign retainer agreement.

• Provide requested information and documents to your attorney.

• Take other actions as advised by attorney, such as opening or closing financial accounts.

• Attorney prepares petition for dissolution (divorce) and supporting documents for your review and signature.

• Attorney files petition for dissolution with clerk of the court. Attorney obtains ex parte restraining orders if appropriate. Attorney obtains hearing date for temporary matters.

• Mandatory ninety-day waiting period begins when other spouse is served or signs an acceptance of service.

• Negotiations begin regarding terms of temporary order on matters such as custody, support, and temporary possession of the family home. Attorneys prepare declarations, financial affidavits, and child-support worksheets for temporary hearing.

• Temporary hearing is held.

OR

• Parties reach agreement on temporary order.

• Temporary order is prepared by one attorney, approved as to form by other attorney, and submitted to the judge for signature.

• If there are minor children, parties must attend a parent education class, develop a parenting plan, or participate in mediation as required by their particular county.

• Both sides conduct discovery to obtain information regarding all relevant facts. If needed, obtain valuations of all assets, including expert opinions.

• Confer with attorney to review facts, identify issues, assess strengths and weaknesses of case, review strategy, and develop proposal for settlement.

• Spouses, guided by their attorneys, attempt to reach agreement through written proposals, mediation, settlement conferences, or other negotiation.

• Parties reach agreement on all issues.

• Attorney prepares decree of dissolution and required supporting court orders for approval by spouses and attorneys.

OR

• Certificate of readiness for trial is filed with court asking that a trial date is set or a trial date is set by the court pursuant to a case scheduling order.

• Pay trial retainer to fund the work needed to prepare for trial and services for the day or days of trial.

• Parties prepare for trial on unresolved issues.

OR

• Trial preparations proceed and include the preparation of witnesses, trial exhibits, legal research on contested issues, pretrial motions, trial brief,...

Details zur Ausgabe

• Verlag: Addicus Books
• Erscheinungsdatum: 2014
• Sprache: Englisch
• ISBN 10: 1938803825
• ISBN 13: 9781938803826
• Einband: Taschenbuch
• Anzahl der Seiten: 249
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: preigu; mail@preigu.de; ; Lengericher Landstr. 19; Osnabrück; 49078; Deutschland